The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-02-24

of the injured person; also, to fix the
venue of suits to recover damages for
wrongfully and maliciously suing out
writs of attachment.
Ry Senator Jarvis-To authorize cities
and towns of over 1000 inhabitants to ap-
point school trustees.
Senator Terrell, to require the land
commissioner to refund patent fees to the
capitol contractor.
Senator Glasscock, to authorize cities to
hire their convlcts.
Senator Harrison, to prevent railroads
from discrimination against each other,
and to compel them to receive freight
and passengers from each other, and to
transport the same promptly under a
penalty of $1,000 fine.
BY Senator Terrell, to allow parties to a
divorce suit to testify In their own behalf.
The bill to validate Greer county pa
tents was made the special order for
Friday.
The Kansas suit bill was made special
order for Monday next.
The president laid before the senate the
bill providing for railroad commission
with substitute, which was adopted.
Senator Terrell moved that considera-
ton be postponed until other bills on the
same subject came up. Lost-Yeas, 10;
nays, 16.
Senator Terrell, to bring the bill fairly
before the senate, moved the enacting
clause be stricken out.
Senator Claiborne thought the bill a
good one, and should become law. He
claimed that no one, whether a railroad
man or not, could complain of Its pro-
visions. He referred to the discrimina-
tions made by the roads, and said that in
this state they were made both in freight
and passenger traffic, and the bill under
discussion proposed to remedy that evil.
Senator 9urney said his section of the
state didn't have many railroads and he
was not as we'll prepared to speak on the
subject as the gentleman from Galveston,
but he opposed the bill. 1t is not bill
to regulate railroads, but it is bill to
create board for the purpose of making
laws. It's object is to create board to
make laws, and then to enforce them
which is contrary to the genius of re-
publican government. He thought the
enacting clause should read Gan act to
create an arbitrary board, to make arbi-
trary laws and to ARBITRARILY enforce them
in the regulation of railroads" He ar
gued that it was unconstitutional, and
without a constitutional amendment, it
would be so declared. Such a commission
was not in harmony with our government.
and it should never become law. No
one was crying out that the railroads be
regulated by any such commission; no
memorials have been presented and no
complaints made except upon the floor of
the senate.
He read from the message of Governor
Ross in support of his opposition to the
bill, and he so construed it as to warrant
the belief, in his mind, that the governor
would veto any such law. He hoped that
the motion to strike out the enacting
clause would prevail.
Senator Terrell took strong grounds
against the bill. He was opposed to
boards and especially to such board as
the bill proposed TO create. Its power
under the bill was absolute. 1t gave these
men arbitrary power to make laws and
enforce them without their action even
being inquired into by the court or any
person. He argued that no one had
asked for any such commission. The
people had not asked for it, the Farmers
Alliance had not asked for it, no paper of
responsibility had asked for it, and it was
not wanted. He read from re
ports of the master of the State
Grange, and the master of the Ma
tional Grange, showing they opposed
commissions of any kind and preferred
wholesome laws to regulate the railways.
He contended that railways in the hands
of receivers would not comply with the
law unless they saw fit, and that no power
of the state could force them to do so,
and, in support of this, Senator Terrell
read from the decision of the United
States courts of Oregon on the commits
sion law of that state.
He alluded to the Georgia commission
law, saying the bill in discussion was
copy of it, and was known as the Georgia
bill. He characterized Georgia as being
the most regulating railway state in the
country" and showed that it had been so
we'll regulated in this respect that one of
her greatest railroad presidents had been
made United States senator and another
governor. The railroad influence had
elected Mr.. Brown United States senator,
and Mr.. Gordon, having made an i'm
mense fortune out of watered stock of the
Georgia Pacific railroad, had been made
governor No wonder Georgia is well
regulated railway commission state.
railway United States senator, railway
governor to appoint the railway
it could not fail to
be we'll regulated in the interest of the
railways. With Major Waldo as governor,
and Capt. Falkner as United States sena-
Tor and Capt. Hooker as railroad COM
no doubt the commission would
thrive well in Texas, but 1t might be bad
Tor the people. He favored regulating
railroads, but he wanted it done by law,
Ind not by an arbitrary board whose acts
could not be inquired into even by the
courts of the country.
Senator Allen supported the bill and as
erted that in his opinion 1t would meet |
With the approval of the farming popula-
ion.
Pending further discussion the senate |
djourned until to-day at 10 O'clock.
FRIDAYS PROCEEDINGS.
Roll call; quorum present. Prayer by
he chaplain.
Senator Garrison was excused for the
lay on account of sickness.
Senator Claiborne was excused for the
ay for the same reason.
PETITIONS.
By Senator Macmanus-From La Sale
ounty, asking for a sufficient appropri-
ton to support the frontier battalion.